People v. New York World's Fair 1939 Inc.

Two of the three defendants in an action for an accounting and for a money judgment appeal from an order denying their motion for the dismissal of the complaint for insufficiency as to them. Order reversed, on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Testing the complaint on the facts alleged, as distinguished from conclusions stated, it is one for rent alleged to be due and unpaid under a lease. Appellants were not parties to the lease and were not tenants of plaintiff, and they were, therefore, not liable to plaintiff for rent or for a…